ICBL Statement on Ukraine’s Attempt to Withdraw from the Mine Ban Treaty

Geneva, 25 July 2025 – The International Campaign to Ban Landmines (ICBL) is deeply concerned by Ukraine’s Depository Notification to the United Nations Secretary-General announcing the suspension of its obligations under the 1997 Mine Ban Treaty.

In its official notification, Ukraine invokes Article 62 of the 1969 Vienna Convention on the Law of Treaties, which permits the suspension or termination of treaty obligations in the event of a “fundamental change of circumstances.” However, this legal justification is fundamentally flawed and contradicts both the letter and the spirit of international treaty law.

First, the Vienna Convention on the Law of Treaties itself (Article 73) explicitly states that it does not apply to legal questions arising from the outbreak of hostilities. As noted in authoritative legal commentary, situations of armed conflict, while potentially constituting a major change, are governed not by the Vienna Convention on the Law of Treaties, but by customary international law. Therefore, the outbreak of war is not a valid basis for invoking Article 62 to suspend a treaty.

Second, the Mine Ban Treaty was designed to endure even in times of armed conflict and therefore cannot be suspended then. According to one commentary, “it is not disputed that treaties that expressly or according to their object and purpose provide for continuance during war cannot per se be suspended or terminated because of an armed conflict.” The Mine Ban Treaty contains a specific provision prohibiting states parties from withdrawing during times of war. This reflects the humanitarian purpose of the Treaty: to protect civilians and combatants alike from the indiscriminate suffering caused by antipersonnel landmines.

Legal experts and international practice further affirm that International Humanitarian Law, of which the Mine Ban Treaty and the Convention on Cluster Munitions form an integral part, is not to be suspended or terminated due to armed conflict. Ukraine’s announcement thus not only lacks legal validity, it also sets a dangerous precedent that undermines the integrity of international humanitarian law.

The ICBL calls on Ukraine to reverse this course of action and recommit to the obligations it solemnly undertook when joining the Mine Ban Treaty. We urge all States Parties, the United Nations, and international legal experts to respond firmly and uphold the principles of the Treaty at this critical moment.